Battery storage rules: Austin County, TX
Austin County's Commissioners Court adopted a temporary moratorium on construction of battery storage and data centers in the county's unincorporated areas on July 27, 2026, effective immediately. It does not apply inside city limits.
Austin County: temporary moratorium on battery storage and data centers
Adopted July 27, 2026, effective immediately, for the unincorporated areas of the county. - What it requires: county fire marshal plan review and written approval, and an independent engineering evaluation. No permits until the county finishes a health and safety review; the commissioners decide when it is done. - What it leaves out: land inside city limits, home systems under 1 MWh that aren't grid-connected, and projects with every permit issued and construction substantially complete. Flow batteries still get fire and life-safety review. - State law: a county may not adopt rules inconsistent with the state's fire-safety standards unless another statute allows it (§187.003(d)), but it may ask for an independent engineering evaluation before a facility in its unincorporated area starts operating (§187.003(e)). Austin County moratorium order (July 27, 2026); Utilities Code §187.003(d)–(e) (HB 3824)
Fire and building codes in force
- No statewide fire code for most jurisdictions. Where the State Fire Marshal's Office (SFMO) has jurisdiction, NFPA 855 (2020 edition) applies to systems above its Table 1.3 thresholds (TDI, "FAQ: Texas battery energy storage systems").
- Counties with a population over 250,000, and counties adjacent to them, may adopt a fire code (Local Government Code §233.061) covering commercial, public and multifamily buildings of 4 or more units in unincorporated areas, which does not apply to an industrial facility with an OSHA-conforming fire brigade (§233.062). Ask your county whether it has adopted a fire code for unincorporated areas.
- Harris County: 2021 IFC for unincorporated areas; the county page states adoption on January 1, 2025 (Harris County Fire Code Hub).
- Houston: the Houston Fire Marshal's standards and codes page lists the 2015 IFC with Houston amendments. Ask the Houston Fire Marshal which IFC edition is currently enforced.
- San Antonio: 2024 IFC (City of San Antonio SAFD Fire Codes page).
- Austin: 2024 IFC, effective July 10, 2025 (City of Austin Fire Building Code page).
- Dallas and other cities: ask the city fire marshal which IFC edition and local amendments apply.
- NFPA 855: 2020 edition where SFMO has jurisdiction (TDI FAQ); Chapter 187 standards must be based on "the 2023 edition of NFPA 855 or a later edition" (HB 3824, §187.003(a)).
How a project is permitted
No state siting permit. HB 1343 and SB 1519, which would have required a Public Utility Commission permit for certain electric energy storage facilities, remained in committee (Texas Legislature Online). Chapter 187 applies to facilities of 1 MWh or more with a commercial operations date on or after January 1, 2027 (§187.002). The operator delivers the site-specific emergency operations plan to the local first responder that provides fire protection before the commercial operations date (§187.004(d)(1)); the State Fire Marshal enforces the chapter, including administrative penalties (§187.005). A county may also have its own requirements, so ask the county and city for the local permit path. ERCOT registration and interconnection is a market process, not a safety permit.
Check a specific system
For a proposal or a system you're evaluating, answer a few questions in BESScheck: you get the rules that apply here, a checklist of what to ask, and the sources behind each line.